San Bernardino Rape Attorney
Consent is more than just a trendy new educational topic that lawmakers are pushing. It’s a foundational legal prerequisite that separates certain actions from being considered illegal or legal, especially in the context of sexual acts.
If you’ve recently been arrested for rape charges in San Bernardino, then you are facing a very sensitive and serious situation. You may have in fact had sexual interactions with the other person but they’re now saying that the interaction was forced and non-consensual. Or, you may not have ever had any interaction with the other person at all. Regardless of your side of the story, these allegations must get taken seriously by the courts, which means you’ll have to prove your innocence.
Here at Wallin & Klarich, we understand exactly how damaging rape accusations are and how a conviction can derail your future. That’s why we’ll strive to help you fully understand your charges, the potential penalties, and the best legal strategies going forward. Learn more about how to defend yourself after getting charged with rape below.
How Does the Law Define Rape?
There are several different types of sex crimes, but rape is often considered one of the most serious among them. Rape is non-consensual sexual intercourse. Learn more about the specific penal code and related ones below.
California Penal Code Section 261: Rape
Rape happens when sexual intercourse occurs and one of the involved parties does not consent to the act. The intercourse could have been committed under the use of force, duress, or violence. It’s assumed that consent can not be provided when the alleged victim is unconscious, intoxicated, underage, or mentally disabled.
California Penal Code Section 261.5: Statutory Rape
Statutory rape occurs when an adult engages in sexual intercourse with a person under the age of 18. This is a crime regardless if the act was consensual and even if it was initiated by the minor.
California Penal Code Section 243.4: Sexual Battery
Sexual battery is defined as touching the private parts of another person for the purpose of sexual arousal, gratification, or abuse.
California Penal Code Section 289: Forcible Penetration with a Foreign Object
According to this Penal Code, it’s against the law to commit forcible penetration with a foreign object without the other person’s consent and through the use of force and violence.
California Penal Code Section 287: Forcible Oral Copulation
This Penal Code makes it against the law to commit non-consensual oral copulation.
Criminal Penalties Associated With Rape in San Bernardino
Rape and related sex crimes are punished severely in San Bernardino. Learn what to expect as far as criminal consequences for violating each different penal code below:
Penalties for Violating PC 261
Violating Penal Code 261 is a felony offense that could result in up to 8 years in state prison. This imprisonment term could get extended by an additional five years if the bodily injury that occurred during the attack was severe. You can also experience more prison time if the victim was a minor.
Penalties for Violating PC 261.5
This crime is considered a wobbler. As a misdemeanor, you could end up getting imprisoned for up to a year in county jail. As a felony, you could get sentenced to up to four years in state prison.
Penalties for Violating PC 243.4
This offense is also a wobbler. Felonies carry imprisonment sentences of up to four years in prison, while misdemeanors could land you in county jail for up to a year.
Penalties for Violating PC 289
This crime is considered a felony punishable by up to 8 years in prison and fines of up to $10,000.
Penalties for Violating PC 287
This crime is also a wobbler. As a misdemeanor, you could get sentenced to up to a year a jail, while a felony charge will result in up to 3 years in prison.
Registering as a Sex Offender
On top of dealing with the criminal penalties, you’ll also need to register as a sex offender. Due to Megan’s law, a rape conviction means you’ll need to remain on this list for the duration of your life. Keep in mind that this list is public information, so it will impact your future.
Common Defense Strategies Against Rape Charges in San Bernardino
Defending yourself against rape charges can be extremely challenging, especially in the #MeToo era. To construct a solid defense, you’ll need to know about your options.
Here are some of the most common defense strategies used in rape cases in San Bernardino:
To be considered rape, your sexual interaction must have been non-consensual. If you can prove that the other party did consent to the act, then you’ll be absolved of your charges. It’s important to recognize, though, that consent can be revoked, so using this defense can be extremely challenging. It’s also crucial to understand that some individuals are incapable of consenting including minors and disabled individuals.
No Sexual Intercourse Occurred
In order to get convicted of rape, sexual intercourse (penetration) must occur. It’s a viable legal strategy to argue that no sexual intercourse occurred. If you simply made out or touched intimate parts, then that might not amount to the legal standard of penetration. If you’re considering using this defense, then talk with a lawyer first to ensure that your actions wouldn’t be defined as sexual intercourse by law.
Unfortunately, false rape accusations are becoming more common in modern times. Sometimes, individuals may seek to punish a former partner or ruin their reputation with these egregious allegations. If you’ve been falsely accused, then it’s important not to contact the alleged victim out of anger. Instead, reach out to an attorney.
Hire the Best Rape Defense Attorney in San Bernardino
Determining which defense strategy will work best in your situation is tricky. What works for one accused suspect may not work for you. That’s why you’ll need to consider all the facts and evidence surrounding your case before deciding how to defend yourself. Otherwise, one small piece of evidence from the Prosecution could derail your entire strategy!
The best way to come up with a winning strategy is to hire a good rape defense attorney.
Factors to Consider When Hiring a Rape Defense Attorney
If you’re currently looking to hire a lawyer, then it’s important to understand that not all lawyers will provide the same quality of representation. Only opt for an attorney that exemplifies these qualities:
- Track record
- Ethos – credibility
Here at Wallin & Klarich, we work very hard to make sure we are representing these qualities for every client that we represent.
Take Advantage of Our 40+ Years of Rape Defense Experience in San Bernardino
Facing rape charges in San Bernardino should get taken extremely seriously. Not only is your freedom at risk but so is your future. Getting convicted not only leaves you with a permanent record but also causes you to remain on a public list of sex offenders for life.
Here at Wallin & Klarich, we have over 40+ years of experience defending clients accused of rape in San Bernardino. If you’re on the hunt for the best rape defense attorney, then look no further. Contact our office by visiting us online or calling, toll-free (877) 466-5245 to get in touch with one of our attorneys and discuss your charges further.